RABINDRA NATH MAHAPATRA Vs. GOUR MONDAL

JUDGEMENT

(1.) This is a Reference under Rule 1(ii) of Chapter II of the Appellate Side Rules of a question of law arising out of the repeal of the West Bengal Bargadars Act, 1950. The facts which led up to the Reference are as follows:

(2.) On 2-6-1955, the petitioners made an application to the Bhagchas Board of Thana Mahisadal by which they prayed for an order on the opposite party for the delivery of their usual share of barga crops for the years 1360 and 1361 B. S. which was said to be in arrear. The case of the petitioners was that the opposite party was a bargadar under them in respect of a particular plot of land but had failed and neglected to deliver the share of the paddy due to them. They alleged further that the opposite party had converted a part of the land into a betel leaf plantation in violation of the terms of the barga settlement and that he had also excavated a doba without any right or authority to do so. The petitioners did not ask for any relief for those transgressions but stated that they would bring a regular suit for recovery of possession in due course. Before the Bhagchas Board they claimed only their share of the barga crops.

(3.) The case of the opposite party was that while he did hold the land under the petitioners, he held it not as a bargadar at all but as a Sanjadar at a rent of a certain quantity of paddy per bigha of a certain measurement. He claimed to have acquired a tenancy right and with regard to the doba he said that it had been excavated over thirty years ago. The Bhagchas Board accepted the case of the opposite party and said in its order that it was a proceeding upon an admission by the petitioners. The only order it made was to direct the opposite party to pay as a sanjadar the share of crops due to the petitioners as jotedars. Although the Board was constituted of 5 members the order was signed by only 3 of them.